Posts Tagged Austin Divorce Lawyer

Initiating the Divorce Proceeding

A divorce proceeding is initiated by either or both spouses filing a petition with the court. This may be a short document or a lengthy document depending upon the individual circumstances and the relief requested. The case will then be assigned to a specific judge who will preside over the proceeding until concluded.

Before filing for divorce, at least one of the parties must be a Texas resident for at least six (6) months and a resident of the county where he or she files for divorce for at least the preceding ninety (90) days. A divorce cannot be granted until at least sixty (60) days after the divorce petition is filed. Neither the court, nor the lawyers, can shorten these time periods except in the event the responding party has been convicted of a crime, received deferred adjudication, or is under an emergency protective order due to a finding of family violence. In these instances, the court may grant the divorce before the sixty (60) day period runs.

My law firm assists mothers and fathers in resolving paternity issues in Travis County and surrounding counties.

What is paternity? Paternity establishes the legal relationship between father and child. When a child is born to married parents, the husband is presumed to be the legal, biological father. When a child is born to unmarried parents, this legal relationship can only be established through court procedures.

When married parents divorce, establishing child support is a critical component to the divorce and child custody process. However, in the case of unmarried parents, where the legal father has not been established, it is necessary to establish paternity before orders can be entered involving child support, visitation or other child custody-related issues. In Texas, paternity can be established through:

Voluntary Acknowledgement of Parentage signed by both parents and filed with the court

A petition to the court to establish parentage. DNA test/paternity test results are reviewed by the court and parentage is established (or the paternity case is dismissed).